31992R1110

1 . 5. 92 No L 117/67 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1110/92 of 30 April 1992 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (a) the average costs incurred by processing industries in obtaining supplies of the basic products in question on the Community market and the prices ruling on Having regard to the Treaty establishing the European the world markets ; Economic Community,

(b) the level of the refunds on exports of processed agri­ cultural products covered by Annex II to the Treaty Having regard to Council Regulation (EEC) No 2727/75 which are manufactured under similar conditions ; of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) No 674/92 (2), and in particular the first sentence of the (c) the need to ensure equality of competition for the fourth subparagraph of Article 16 (2) thereof, industries which use Community products and those which use third-country products under inward processing arrangements ; Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (3), as last amended by Regulation (EEC) No 674/92, and in particular the first sentence of the Whereas in the absence of evidence that no production fourth subparagraph of Article 17 (2) thereof, refund was granted pursuant to Council Regulation (EEC) No 1009/86 of 25 March 1986 establishing general rules applying to production refunds in the cereals and rice Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75 sector (6), as last amended by Regulation (EEC) and Article 17 (1 ) of Regulation (EEC) No 1418/76 No 3655/90 f), the export refund should be reduced by provides that the difference between quotations of prices the amount of the production refund applicable on the on the world market for the products listed in Article 1 of day of acceptance of the export declaration ; whereas this each of those Regulations and the prices within the system is the only one wich avoids the risk of fraud ; Community may be covered by an export refund ;

Whereas Council Regulation (EEC) No 3035/80 of Whereas Council Regulation (EEC) No 565/80 of 11 November 1980 laying down general rules for granting 4 March 1980 on the advance payment of export refunds export refunds on certain agricultural products exported in respect of agricultural products (8), as amended by in the form of goods not covered by Annex II to the Regulation (EEC) No 2026/83 (9), and Commission Regu­ Treaty, and the criteria for fixing the amount of such lation (EEC) No 3665/87 of 27 November 1987 laying refunds (4), as last amended by Regulation (EEC) down common detailed rules for the application of the No 3381 /90 (*), specifies the products for which a rate of system of export refunds on agricultural products (10), as refund should be fixed, to be applied where these last amended by Regulation (EEC) No 1615/90 (u), lay products are exported in the form of goods listed in down rules on the advance payment of export refunds Annex B to Regulation (EEC) No 2727/75 or in Annex B that must be adhered to when these are adjusted ; to Regulation (EEC) No 1418/76 as appropriate ;

Whereas, now that a settlement has been reached between Whereas, in accordance with the first subparagraph of the European Economic Community and the United Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of States of America on Community exports of pasta the refund per 100 kilograms for each of the basic products to the United States and has been approved by products in question must be fixed for each month ; Council Decision 87/482/EEC (12), it is necessary to differ­ entiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination ; Whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to : (6) OJ No L 94, 9 . 4. 1986, p. 6. O OJ No L 362, 27. 12. 1990, p. 33. 0 OJ No L 281 , 1 . 11 . 1975, p. 1 . (8) OJ No L 62, 7. 3 . 1980, p. 5. (2) OJ No L 73, 19. 3 . 1992, p. 7. 0 OJ No L 199, 22. 7. 1983, p. 12. (J) OJ No L 166, 25. 6. 1976, p. 1 . (10) OJ No L 351 , 14. 12. 1987, p. 1 . (4) OJ No L 323, 29. 11 . 1980, p. 27. (") OJ No L 152, 16. 6. 1990, p. 33. H OI No L 327. 27. 11 . 1990. D. 4. 12) OJ No L 275, 29 . 9. 1987, p. 36.

No L 117/68 Official Journal of the European Communities 1 . 5. 92

Whereas, for the application of Article 4 (2) (b) of Regula­ for in that Regulation, and that such refund will not be tion ((EEC) No 3035/80, it is necessary to differentiate the applied for. refunds , The proof referred to in the first subparagraph is provided Whereas the Management Committee for Cereals has not by the presentation by the exporter of a declaration from delivered an opinion within the time limit set by its the processor of the basic product in question attesting chairman, that the latter product has not benefited from a produc­ tion refund as provided for in Regulation (EEC) No 1009/86, and that no application for such refund will HAS ADOPTED THIS REGULATION : be made. 3. When the proof referred to in paragraph 2 is not Article 1 provided, the export refund : 1 . Without prejudice to paragraphs 2 and 3 the rates of (a) applicable on the date of acceptance of the export the refunds applicable to the basic products appearing in declaration for the goods, or on the day specified in Annex A to Regulation (EEC) No 3035/80 and listed Article 26 (2) of Regulation (EEC) No 3665/87, where either in Article 1 of Regulation (EEC) No 2727/75 or in the rate is not fixed in advance ; Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in (b) of which the rate is fixed in advance, the form of goods listed in Annex B to Regulation (EEC) No 2727/75 or in Annex B to Regulation (EEC) will be reduced by the amount of the production refund No 1418/76 respectively, are hereby fixed as shown in applicable pursuant to Regulation (EEC) No 1009/86 to the Annex to this Regulation. the basic product in question on the day of acceptance of the export declaration for the goods, or on the day speci­ 2. For the products listed in the Annex to Regulation fied in Article 26 (2) of Regulation (EEC) No 3665/87, if (EEC) No 1009/86, the refunds given in the Annex to this the goods have been placed under the export refund Regulation shall be applied on presentation, at the accept­ advance payment arrangements. ance of the export declaration and the request for obtain­ ing the export refund, of proof that the basic products Article 2 used in the manufacture of the products to be exported have not benefited from the production refund provided This Regulation shall enter into force on 1 May 1992.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 April 1992.

For the Commission Martin BANGEMANN Vice-President

1 . 5. 92 No L 117/69 Official Journal of the European Communities

ANNEX to the Commission Regulation of 30 April 1992 fixing the rates of the refunds applicable to certain cereals and rice products exported in the form of goods not covered by Annex II to the Treaty

Rate of refund CN code Description of products (') per 100 kg of basic product

1001 10 90 Durum wheat : — used unprocessed : — — on exports of goods falling within CN codes 190211 and 1902 19 to the United States of America 5,996 — — in all other cases 10,902 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 4,800 — — hulled grains of CN code 1 104 and starch of CN code 1 108 7,200 germ of CN code 1104 2,800 — — gluten of CN code 1109 other (except flours of CN code 1101 and groats and meal of CN code 1103) 8,000

1001 90 99 Common wheat and meslin : — used unprocessed ; — — on exports of goods falling within CN code 1902 11 and 1902 19 to the United States of America 4,400 — — in all other cases 8,000 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 4,800 — — hulled grains of CN code 1 104 and starch of CN code 1 108 7,200 — — germ of CN code 1104 2,800 gluten of CN code 1109 — — other (except flours of CN code 1101 , and groats and meal of CN code 1103 8,000

1002 00 00 Rye : — used unprocessed 10,963 — used in the form of : pellets of CN code 1103, or pearled grains of CN code 1104 6,578 — — rolled or flaked grains and hulled grains of CN code 1 104 9,887 — — germ of CN code 1104 3,297 — — starch of CN code 1108 19 90 9,420 — — gluten of CN code 2303 10 90 — — other (except flours of CN code 1102) 10,963

1003 00 90 Barley : — used unprocessed 8,507 — used in the form of : — — flours of CN code 1102, groats and meal of CN code 1103, or rolled, flaked or pearled grains of CN code 1104 5,955 — — pellets of CN code 1103 5,104 — — germs of CN code 1104 3,297 — — starch of CN code 1108 19 90 9,420 — — gluten of CN code 2303 10 90 — — other 8,507

No L 117/70 1 . 5 . 92 Official Journal of the European Communities

Rate of refund CN code Description of products (') per 100 kg of basic product

1004 00 90 Oats : — used unprocessed 9,151 — used in the form of : — — pellets of CN code 1103, and pearled grains of CN code 1104 5,491 — — rolled or flaked grains and hulled grains of CN code 1 104 8,236 — — germs of CN code 1104 3,297 — — starch of CN code 1108 19 90 9,420 — — gluten of CN code 2303 10 90 — — other 9,151 1005 90 00 Maize (Corn) : — used unprocessed 9,420 — used in the form of : — — flours of CN codes 1102 20 10 and 11022090 6,594 — — groats and meal of CN code 1003 and rolled or flaked grains of CN code 1104 7,536 — — pellets of CN code 1103 5,652 — — hulled or perled grains of CN code 1104 8,478 — — germs of CN code 1104 3,297 — — starch of CN code 1108 12 00 9,420 — — gluten of CN code 2303 10 11 3,768 — — other 9,420 1006 20 Round grain husked rice 23,392 Medium grains husked rice 21,164 Long grain husked rice 21,164 ex 1006 30 Round grain wholly-milled rice 30,277 Medium grain wholly-milled rice 36,987 Long grain wholly-milled rice 36,987 1006 40 00 Broken rice : — used unprocessed 12,326 — used in the form of : — — flour of CN code 1102, groats and meal or pellets of CN code 1103 12,326 — — flaked grains of CN 1104 7,396 — — starch of CN code 1108 19 10 12,326 — — other 1007 00 90 Sorghum 6,198 1101 00 00 Wheat or meslin flour : — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 5,193 — in all other cases 9,442 1102 10 00 Rye flour 20,877 1103 11 10 Durum wheat groats and meal : — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 9,294 — in all other cases 16,898 1103 11 90 Common wheat groats and meal : — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 5,193 — in all other cases 9,442

(') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in Annex I to Regulation (EEC) No 2744/75.